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(영문) 울산지방법원 2018.03.23 2017노1517
수산업법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The fact that the judgment is favorable to the defendant that the defendant recognized and reflecteds the crime, and that the remaining crime of this case, which is in an economically difficult situation, is likely to result in the crime of this case.

However, as an endangered species, in which international capture and sale is prohibited, the illegal capture and distribution for the sole economic benefit need to be strictly punished. The crime of this case is planned and organized by the defendant, which is very poor in the nature of the crime in light of the Criminal Procedure Act. The defendant constitutes a group after employing the captain and crew for the illegal capture of minck, constitutes a group after employing the captain and crew for the illegal capture of minck, prepares physical equipment and expenses, sells the captured mincs during the capture and distribution process, and it appears that the defendant continuously and led the defendant to continuously take part in the past of the capture and distribution process. The defendant's mincing 14ma40,000,000 won, 5.1.5 billion,00,000,000,000,000 won, and the defendant's circumstances, such as the defendant's circumstances, including the defendant's age and motive, and circumstances, are not considered to be disadvantageous to the defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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